DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163778P.pdf 08/22/2017 United States v. James Hobgood
U.S. Court of Appeals Case No: 16-3778
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Colloton, Author, with Benton, Circuit Judge, and Gerrard,
District Judge]
Criminal case - Criminal law. Where defendant was prosecuted for
interstate stalking in violation of 18 U.S.C. Sec. 2261A(2) after he
falsely portrayed his former girlfriend as a prostitute on social media,
emailed and mailed similar representations to her family and employer and
emailed her and her family that he would continue to make the
representations until she met his demands, defendant's prosecution did not
violate his First Amendment rights; defendant's communications were
unprotected speech integral to criminal conduct because the communications
were integral to the crime of extortion under 18 U.S.C. Sec. 875(d); the
district court did not clearly err in awarding restitution for the
victim's moving costs where the evidence showed she moved to avoid
defendant's stalking.